[HISTORY: Adopted by the Borough Council of the Borough of Fox Chapel 3-20-1978 by Ord. No. 395 (Ch. 1, Part 4B, of the 1978 Code of Ordinances). Amendments noted where applicable.]
[Amended 10-17-2005 by Ord. No. 544; 9-20-2010 by Ord. No. 676]
A Planning Commission, to be composed of five members and to be appointed by Borough Council, is hereby created in and for the Borough of Fox Chapel.
The term of each of the members of the Commission shall be for four years or until his successor is appointed and qualified, except that the terms of the members first appointed shall be so fixed that no more than two shall be reappointed or replaced during any future calendar year. The Chairman of the Planning Commission shall promptly notify the Borough Council concerning vacancies in the Commission, and such vacancy shall be filled for the unexpired term.
The members of any existing Planning Commission shall continue in office until the end of the term for which they are appointed; their successors shall be appointed as provided herein. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by appointment for the unexpired term according to the terms herein. Should the Council determine to increase the number of members of an already existing Planning Commission, the additional members shall be appointed as provided herein. If Council shall determine to reduce the number of members of any existing Planning Commission, such reduction shall be effectuated by allowing the terms to expire and by making no new appointments to fill the vacancy. Any reduction or increase shall be by ordinance.
All the members of the Planning Commission shall be residents of the Borough and at least three members shall be citizen members; that is members who are not officers or employees of the Borough.
[Amended 9-19-1989 by Ord. No. 500]
Any member of a planning commission appointed may be removed from office for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Borough Council, taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing. Any appointment to fill a vacancy created by removal shall be only for the unexpired term.
The Commission shall elect its own Chairman and Vice Chairman and create and fill such other offices as it may determine. Officers shall serve annual terms and may succeed themselves. The Commission may make and alter bylaws and rules and regulations to govern its procedures consistent with the ordinances of the Borough and the laws of the Commonwealth. The Commission shall keep a full record of its business and shall annually make a written report by March 1 of each year of its activities to the Borough Council. Interim reports may be made as often as may be necessary or as requested by the Borough Council.
The Planning Commission may, with the consent of the Borough Council, accept and utilize any funds, personnel or other assistance made available by Allegheny County, the commonwealth or the federal government, or any of their agencies, or from private sources. The Borough Council may enter into agreements or contracts regarding the acceptance or utilization of the funds or assistance in accordance with the governmental procedures of the Borough.
[Amended 9-19-1989 by Ord. No. 500]
The Planning Commission shall have the power and shall be required to:
Prepare the Comprehensive Plan for the development of the Borough as set forth in the Municipalities Planning Code, Act of July 31, 1968, P.L. 805, as amended (hereinafter, "the Planning Code"), and present it for the consideration of the Council;
Maintain and keep on file records of its action.
The Planning Commission may:
Make recommendations to Council concerning the adoption or amendment of an Official Map;
Prepare and present to the Council a zoning ordinance and make recommendations to the Council on proposed amendments to it as set forth in the Planning Code.
Prepare, recommend and administer subdivision and land development and planned residential development regulations, as set forth in the Planning Code;
Prepare and present to the Council a building code and make recommendations concerning proposed amendments thereto;
Do such other acts or make such studies as may be necessary to fulfill the duties and obligations imposed by this chapter or the Planning Code;
Submit to the Council a recommended capital improvements program;
Prepare and present to Council a water survey, which shall be consistent with the State Water Plan and any applicable water resources plan adopted by a river basin commission. The water survey shall be conducted in consultation with any public water supplier in the area to be surveyed. "Water survey" shall mean any inventory of the source, quantity, yield and use of groundwater and surface-water resources within the Borough;
Promote public interest in and understanding of the Comprehensive Plan and planning;
Make recommendations to governmental, civic and private agencies and individuals as to the effectiveness of the proposals of such agencies and individuals;
Hold public hearings and meetings;
Present testimony before any board, including Council, its committees and all Borough commissions;
Require from other departments and agencies of the Borough such available information as relates to the work of the Planning Commission;
In the performance of its functions, enter upon any land to make examinations and surveys with the consent of the owner;
Prepare and present to Council a study regarding the feasibility and practicability of using renewable energy sources in specific areas within the municipality;
Review the zoning ordinances, subdivision and land development ordinance, Official Map, provisions for planned residential development, and such other ordinances and regulations governing the development of land no less frequently than it reviews the Comprehensive Plan. In the performance of its powers and duties, any act or recommendation of the Planning Commission which involves engineering consideration shall be subject to review and comments of the Engineer, which shall be incorporated and separately set forth in any report, written act or recommendation of the Planning Commission.